Opinion
No. 23478.
Delivered November 13, 1946.
Sentence Reformed — Indeterminate Sentence Law.
Where five year sentence imposed for murder failed to give effect to the indeterminate sentence law, sentence was reformed to direct confinement of defendant in the penitentiary for not less than two nor more than five years.
Appeal from Criminal District Court of Dallas County. Hon. Winter King, Judge.
Appeal from conviction for murder; penalty, confinement in the penitentiary for five years.
Affirmed as reformed.
The opinion states the case.
No attorney of record on appeal for appellant.
Ernest S. Goens, State's Attorney, of Austin, for the State.
Conviction is for murder, punishment assessed at five year in the penitentiary.
The record contains neither statement of facts nor bills of exception. All proceedings appear regular save the sentence omits giving effect to the indeterminate sentence law. The sentence is reformed to direct the confinement of appellant in the penitentiary for not less than two nor more than five years.
As so reformed, the judgment is affirmed.